GYAN DEVI SAXENA Vs. SARDAR MOHINDER SINGH

JUDGEMENT

(1.) The Plaintiff No.1 Mrs. Gian Devi wife of K.S. Saxena and plaintiff No.2 Smt. Bimal Saxena wife of Shri Mohan Saxena who is the daughter of plaintiff No.1 have filed the above suit claiming the relief of specific performance against the defendant Sardar Mohinder Singh. The case of the plaintiffs tersely stated is this:

(2.) On 26.07.1979, the defendant agreed to sell the plot of land bearing No. B-7/59 situate at Safdarjung residential Scheme measuring 281 sq. yds @ 725.00 per sq. yds. A sum of Rs. 10,000.00 was paid as an advance. The defendant was to execute the necessary documents within 30 days. On 22.08.1979 before the expiry of the 30 days period, the second plaintiff wrote a registered letter to the defendant to complete the documents as the plaintiffs are ready to pay the balance amount.

(3.) On 24.08.1979 a telegram was also sent to the defendant. The defendant did not act as per the terms of the agreement, therefore, the plaintiffs had to file the present suit.